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The Canadian Legal Lexpert Directory comprises the results of an extensive peer survey. This comprehensive guide to legal talent in Canada identifies both leading lawyers and law firms from across the country.

The Lexpert CCCA Corporate Counsel Directory & Yearbook is a joint endeavour of the Canadian Corporate Counsel Association and Lexpert. It provides the most extensive listing of corporate counsel in Canada.

Current Issue

While new bail policies are on the horizon for Ontario’s Crown attorneys, criminal defence lawyers say the bail process needs an entire cultural shift. At an opening of the courts ceremony in downtown Toronto in early September, Attorney General Yasir Naqvi told judges and prominent members of the bar that his ministry will soon unveil a new set of bail policies and procedures for Crown attorneys.

The Ontario government has announced plans to bolster the diversity of provincial court appointments with reforms to the province’s Judicial Appointments Advisory Committee. Lawyers say that this is a needed move, as the Ontario Court of Justice is noticeably lacking in diversity, especially outside of Toronto. “It’s a positive thing that the government is seeking a diversity of candidates when looking at judicial applications,” says Michael Spratt, partner with Abergel Goldstein & Partners LLP and also former vice president of the Defence Counsel Association of Ottawa.

The Canadian Bar Association’s decision to join with other small business groups in protesting the federal government’s planned changes to private incorporation tax rules has some lawyers revoking their membership in protest, saying that it’s not something they should be fighting against. “I don’t feel like I was adequately consulted before they took this position,” says Chris Rudnicki, partner with Rusonik O’Connor Robbins Ross Gorham & Angelini LLP in Toronto.

Commentary

Editorial Obiter

Last week, justice ministers from across the country met in Vancouver to discuss a range of pressing issues, notably marijuana legalization. But advocates for the rights of people living with HIV were paying close attention, as another item was on the agenda — discussions around how the criminal law is applied against people living with HIV, regarding their disclosure to sexual partners.

This July, in R. v Blackmore, 2017 BCSC 1288, a Canadian court rendered the country’s first polygamy convictions in more than a century. There can be little doubt that convictions rendered against breakaway FLDS Mormon polygamists Winston Blackmore and James Oler were a correct application of the current law, laid out in s. 293 of the Criminal Code of Canada.

Focus On

The TREB decision is being appealed to the Federal Court of Appeal. Osborne says that, 20 years ago with Nielsen, the issue was an exclusive relationship to collect the data, whereas the TREB decision deals with who can use that data and who can have access to it. The fact that the bureau recently dropped an investigation of Google regarding abuse of dominance — a practice where a major market player uses its position to exclude other players — saying that it concluded that such an action could not proceed may be a factor in why it has decided to issue a white paper on Big Data.

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Law Times Poll

Ontario lawyers and bencher contenders recently said they are hoping that new proposed rules for alternative business structures limit the corporate influence on lawyers. Will this issue be something that factors into your voting for the upcoming election for benchers at the Law Society of Ontario?

Yes, this issue will influence how I vote.

No, I think there are other issues of greater significance facing the profession.